Contempt Petition and Land Acquisition Dispute: Supreme Court’s Verdict

The Supreme Court of India, in its inherent jurisdiction, dealt with the contempt petition filed in relation to the Special Leave Petition (SLP) No. 26845 of 2017. This case revolved around the petitioners, Manash Mohan Chatterjee and others, who alleged that the respondents had committed a deliberate and willful violation of the Court’s previous orders concerning the acquisition of their land.

The case has its roots in a land dispute involving the petitioners’ father, Sumohan Chatterjee, who owned a parcel of land measuring 2 Bighas 7 Cottas 1 Chittack in the South 24 Parganas district. After his demise in 1983, the petitioners claimed they had not received any official notification regarding the land’s acquisition by the state, nor were they compensated for the same. The state, on the other hand, asserted that the land had been legally acquired, and due compensation was provided.

Background of the Case

The legal battle began when the petitioners filed a title suit (T.S. No. 117 of 2004), arguing that they had not been notified of the land’s acquisition and had not received compensation. The suit was dismissed on June 30, 2011. However, the petitioners appealed against this dismissal through Title Appeal No. 235 of 2011 before the Additional District Judge.

The appellate court ruled in favor of the petitioners on June 29, 2013, granting them a decree of declaration of title and mandatory injunction. It ordered that the petitioners were the rightful owners and that the respondents should vacate the land within two months. Additionally, the respondents were restrained from undertaking any further construction on the disputed land.

Supreme Court’s Involvement

The State, in an attempt to overturn the decision, filed an appeal in the Supreme Court via SLP (C) No. 26845 of 2017. However, on October 27, 2017, the Supreme Court dismissed the appeal and ruled:

“However, learned Senior counsel appearing for the State makes a request that for compliance of the order, time may be granted at least for a period of four months. As prayed, four months’ time is granted to comply with the order.”

Contempt Proceedings

Despite the Supreme Court’s explicit directions, the State failed to comply within the stipulated timeframe. Consequently, the petitioners filed a contempt petition alleging that the respondents willfully disobeyed the court’s order. They argued that there was no scope for negotiation under the ‘direct purchase policy’ as the Division Bench had clearly directed the State to acquire the land and compensate the petitioners through an award.

State’s Defense

The State, in its defense, argued that the land had already been acquired, and compensation had been paid once. Therefore, paying compensation a second time would not be in the public interest. They also contended that a second appeal was pending before the High Court, challenging the original land acquisition process.

Supreme Court’s Final Ruling

After reviewing the matter, the Supreme Court directed:

“The State Government shall pass an Award in accordance with law, as per the directions of the High Court, within four weeks. Thereafter, compensation should be paid in accordance with the said Award, subject to procedure and law.”

In response to the State’s request for this ruling not to prejudice its pending second appeal, the Supreme Court remarked:

“We request the High Court that if any second appeal is pending, that may be considered on its own merits, in accordance with law.”

Conclusion

This case underscores the importance of compliance with judicial orders, particularly in cases of land acquisition and compensation. The petitioners, despite multiple legal victories, faced significant challenges in enforcing their rights due to bureaucratic hurdles. The Supreme Court’s ruling reaffirmed the necessity for the State to adhere to due process, ensuring that the petitioners receive their rightful compensation.

Petitioner Name: Manash Mohan Chatterjee and others.
Respondent Name: Y. Ratnakar Rao and others.
Judgment By: Justice N.V. Ramana, Justice Mohan M. Shantanagoudar.
Place Of Incident: South 24 Parganas, West Bengal.
Judgment Date: 13-11-2018.

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